examined by this or any other international organization. Accordingly, the requirements
established in Articles 46(1)(c) and 47(d) are satisfied.
4.
Characterization of the alleged facts
30. Article 47(b) and (c) of the Convention, as well as Article 34(a) and (b) of the
Commission’s Rules of Procedure consider a petition inadmissible if it does not state facts that
tend to establish violations of the rights guaranteed by the Convention or other applicable
instruments, or if the petitioner’s or state’s arguments indicate that the petition is manifestly
groundless or out of order.
31. The petitioner alleges that the State is responsible for violations of Mr. Fleury’s rights
under Articles 5, 7, and 11 of the American Convention, as summarized in part III above. The
State did not present observations or information on the violations alleged by the petitioner.
32. Based on the information submitted by the petitioner, and without prejudice to the merits,
the Commission concludes, in keeping with the principle of iura curia novit, that the petition
contains allegations that tend to establish violations of the rights protected by Articles 8 and
25 of the Convention in conjunction with Article 1(1). In addition, the IACHR considers that
based on the information submitted, the petitioners’ allegations are not manifestly groundless
or out of order. Accordingly, the IACHR concludes that the petition should not be considered
inadmissible under Article 47(b) and (c) of the Convention, or Article 34(a) and (b) of the
Commission’s Rules of Procedures.
V.
CONCLUSIONS
33. With respect to the alleged violations committed against Mr. Fleury during his arrest and
detention, the Commission concludes that it is competent to take cognizance of the instant
case, and that the petition is admissible under Articles 46 and 47 of the American Convention
with respect to violations of Articles 5, 7, 8, 11, and 25 of the Convention, in relation to the
general obligation set forth at Article 1(1).
34. Considering the arguments of fact and law described above, and without prejudging on the
merits,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1. To declare the instant case admissible with respect to Articles 5, 7, 8, 11, 25, and 1(1) of
the American Convention.
2. To notify the petitioner and the State of this decision.
3. To proceed to analyze the merits.
4. To publish this report and include it in its Annual Report to the OAS General Assembly.
Done and signed at the headquarters of the Inter-American Commission on Human Rights, in
the city of Washington, D.C., on the 26th day of February, 2004 (Signed): José Zalaquett,
President; Clare K. Roberts, First Vice-President; Susana Villarán, Second Vice-President;
Commissioners Evelio Fernández Arévalo, Freddy Gutiérrez Trejo, Florentín Meléndez, and
Paulo Sérgio Pinheiro.
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